The Treasury Department guidance,
released in conjunction with the White House Office of Clean Energy Innovation and Implementation and Energy Department, specifically defines the term "foreign entity of concern." Under the IRA, EVs are prohibited from receiving the $7,500 federal credit if they are assembled with any battery components or critical minerals sourced from such a foreign entity of concern (FEOC) beginning in 2024 and 2025, respectively.
The guidance explains that the federal government interprets an FEOC as an entity "incorporated in, headquartered in and operating within" one of the covered nations: China, Russia, North Korea and Iran. Treasury's guidance also states that a covered nation's government is considered an owner of an entity if 25% or more of the entity’s board seats, voting rights, or equity interest are controlled by the government.